116 Mich. 94
Decided March 1, 1898
Michigan Supreme Court · decided 1898-03-01
Trover by Francis Parker against Lester Canfield. From a judgment for plaintiff on verdict directed by the court, defendant brings error. Defendant, a deputy sheriff, under an execution against plaintiff, levied upon certain property belonging to him. He was' a farmer. After the levy, defendant, of his own motion, released the levy as to part of the property, on the ground that it was exempt. He retained the levy on 106 bushels of barley situated in plaintiff’s barn.
Cited by 2 later decisions — most recently July 1928
2 state decisions
Relies on Stilson v. Gibbs · Hutchinson v. Whitmore · Town v. Elmore
Good law ✅— No negative treatment on recordhow we know
Affirmed · Decided 1898-03-01
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¶1(after stating the facts). The instruction was correct. When an officer levies under his execution upon exempt property, it is his duty to make an inventory, and allow the defendant in execution to select his exemptions. Stilson v. Gibbs, 53 Mich. 280; Hutchinson v. Whitmore, 90 Mich. 255, 262 (30 Am. St. Rep. 431); Ostrander v. Packer, 35 Mich. 430; Town v. Elmore, 38 Mich. 305.
¶2Judgment affirmed.